Justice Umar Atta Bandial of the Lahore High Court admitted to regular hearing a petition seeking disqualification of Prime Minister Yousaf Raza Gilani on Thursday and issued notices for September 8 to the attorney general and federal government to that effect.
The petition was filed by Allah Buksh Gondal through his counsel AK Dogar. The petitioners said Gilani had committed high treason and subversion of constitution by deliberately defying the Supreme Court orders in many cases including the National Reconciliation Ordinance case. The petitioner requested the court declare the prime minister disqualified to hold the executive office and order registration of a sedition case against him for breaching of the oath he had taken to uphold the constitution. Following an earlier court order, the petitioner had previously amended his plea to the effect of challenging Article 6(3) of the constitution, which relates to high treason while allowing only the federal government to initiate a reference for that purpose. The petitioner said the provision should be open to all Pakistanis. The petitioner contended the prime minister, as chief executive, was under oath to protect the constitution and the organs functioning under it.
Dogar argued that it was paramount duty of the prime minister to get the Supreme Court decision implemented, failing which was tantamount to gross violation of the constitution. The petitioner’s counsel referred to a number of decisions and orders passed by the Supreme Court for implementation. He also cited the Swiss assets case. The petitioner accused the prime minister of accepting dictations from President Asif Ali Zardari instead of following the constitution.